[2025:RJ-JP:21665] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 234/2025 Suraj @ Pati S/o Kalli, R/o Thakur Pada Badi, Police Station Badi Dsitrict Dholpur (Currently In Judicial Custody At District Jail Dholpur) ----Appellant Versus 1. State Of Rajasthan, Through P.p 2. Harshdipti S/o Mukesh Kumar, R/o Maharshi Bhawan In Front Of Airport Terminal No. 1 Sanganer Jaipur ----Respondents For Appellant(s) : Mr. Aditya Mishra with Mr. Ishan Mishra, Ms. Rashmi Meena and Mr. Rajendra Prasad Jogi For Respondent(s) For Complainant : : Mr. Onkar Singh Rajpurohit, PP Ms. Malti HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 22/05/2025 1. This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellants being aggrieved with the order dated 06.01.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Dholpur (hereinafter to be referred as ‘trial court’) in FIR No. 120/2022 registered at Police Station-Badi, District-Dholpur for the offence under Sections 143, 332, 353, 504 and 506 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act whereby the trial court has dismissed the bail application filed on behalf of the appellant. [2025:RJ-JP:21665] (2 of 3) [CRLAS-234/2025] 2. Heard the learned counsel for the appellant, learned Public Prosecutor and counsel for the complainant and perused the material on record. 3. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. Counsel further submits that the name of the appellant has not been mentioned in the FIR and the co- accused-Dharmendra Singh, Rakesh Jadoun @ Rakke, Pramod Singh, Gunni @ Guman Singh and Ramlakhan @ Killi have been enlarged on bail by Coordinate Bench of this Court and prime accused has been released on bail by Hon'ble Apex Court. Charge-sheet has been filed. Appellant is behind the bars since 26.12.2024. No fruitful purpose will be served by keeping the appellant in incarceration. He further submits that trial of the case may take considerable time. Therefore, the appeal presented by the present appellant may be allowed. 4. Learned Public Prosecutor and counsel for the complainant have opposed the prayer made on behalf of the appellant. Learned counsel for the complainant submits that the appellant has committed serious crime and scope of the criminal appeal is very limited. She further submits that the appellant was absconded for two years and there is five criminal antecedents against the appellant, if he is granted bail his such demeanor shows he will abscond again whenever he gets chance. 5. Considering the facts and circumstances of the case, especially the fact that the co-accused have been enlarged on bail by Coordinate Bench of this Court, charge-sheet has been filed and appellant is behind the bars since 26.12.2024 but without commenting anything on the merits/demerits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act. 6. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 06.01.2025 passed by the learned [2025:RJ-JP:21665] (3 of 3) [CRLAS-234/2025] trial court is set aside. It is directed that appellant-Suraj @ Pati S/o Kalli shall be released on bail provided to executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (PRAMIL KUMAR MATHUR),J Arun/289